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Can I require employees to sign arbitration agreements in Missouri? What are the requirements?
Yes, you can require employees to sign arbitration agreements in Missouri. According to MORS 435.350, a written agreement to submit any existing controversy to arbitration or a provision in a written contract, except contracts of insurance and contracts of adhesion, to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. However, contracts of insurance and contracts of adhesion are not subject to this provision.
To initiate arbitration proceedings in Missouri, an employer must submit a Request for Arbitration (Request) to the Department of Labor Standards within ten (10) days of notification of the right to arbitration. The Request must be accompanied by any filing fees required by the arbitration service provider. The arbitration service provider will then submit a list of seven (7) arbitrators to both parties, and the parties will choose an arbitrator from that list. The hearing will be held in Jefferson City unless otherwise agreed to by the parties [3.1][3.2].
It is important to note that an arbitrator cannot serve in any arbitration in which they have any past or existing financial or personal interest in the result of the arbitration. Any prospective or designated arbitrator must immediately disclose to the arbitration service provider any circumstance likely to affect impartiality, including any bias or financial or personal interest in the result of the arbitration. Such disclosure shall also include conflicts of interest that might arise after the arbitration process has already started. Upon objection of a party to the continued service of an arbitrator, the arbitration service provider shall, after consultation with the parties, determine whether the arbitrator should be disqualified and shall inform the parties of its decision, which shall be conclusive [3.1][3.2].
In summary, you can require employees to sign arbitration agreements in Missouri, but contracts of insurance and contracts of adhesion are not subject to this provision. To initiate arbitration proceedings, an employer must submit a Request for Arbitration to the Department of Labor Standards within ten (10) days of notification of the right to arbitration. The hearing will be held in Jefferson City unless otherwise agreed to by the parties, and the arbitrator must be impartial [3.1][3.2].
Source(s):
Jurisdiction
Missouri